Arcata group files third lawsuit against McKinleyville’s Kernen Construction over water pollution
A local group filed a third lawsuit against a construction company in July for stormwater runoff violations under the Clean Water Act at a facility near McKinleyville. “We’ve never sued anybody twice, and we’ve never — ever — brought a third lawsuit against anyone,” said Patty Clary, executive director of Arcata-based Californians for Alternatives to Toxics, also known as CATs. The lawsuit, a civil suit against Kernen Construction Co., alleges similar issues in CATs’ previous lawsuits — the company is discharging stormwater illegally from parts of the industrial property. Filed July 5, the lawsuit alleges the company is operating in areas without a permit to discharge water, failing to monitor and report water contaminants, not capturing water from the industrial yard, and building unpermitted ponds to capture stormwater. The water off the property flows into Noisy and Hall creeks, which in turn flow into the Mad River, when it rains.